Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023

Supreme Court New South Wales

Medium Neutral Citation: Mandoukos v Allianz Australia Insurance Limited [2023] NSWSC 1023 Hearing dates: 27 July 2023 Date of orders: 28 August 2023 Decision date: 28 August 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to r 59.10(1) of the UCPR, the time for filing of the summons in this Court be extended until 8 December 2022. (2) Order the amended summons filed 22 February 2023 be dismissed. (3) Order the plaintiff pay the first defendant's costs of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of medical assessor referred to review panel – where plaintiff underwent surgery for reported radicular symptoms – whether surgery rendered plaintiff's injury non-minor – where no evidence about what the surgery involved was put before the medical assessor – no error made out Legislation Cited: Motor Accident Injuries Act 2017 (NSW) Motor Accident Injuries Regulation 2017 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: AAI Ltd trading as GIO as agent for the Nominal Defendant v McGiffen (2016) 77 MVR 348; [2016] NSWCA 229 COE17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 669 Day v SAS Trustee Corporation [2021] NSWCA 71 Dominice v Allianz Australia Insurance Ltd (2017) 81 MVR 249; [2017] NSWCA 171 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) (2003) 77 ALJR 1088; [2003] HCA 26 Hunter v Insurance Australia Ltd trading as NRMA Insurance [2021] NSWSC 623 Lindeman Ltd v Colvin (1946) 74 CLR 313; [1946] HCA 35 Mahony v J Kruschich (Demolitions) Pty Ltd (1985) 156 CLR 522; [1985] HCA 37 Migge v Wormald Bros Industries Ltd [1972] 2 NSWLR 29 Ming v Director of Public Prosecutions (NSW) (2022) 109 NSWLR 604; [2022] NSWCA 209 Rahman v Insurance Australia Ltd t/as NRMA Insurance (2022) 101 MVR 149; [2022] NSWSC 1079 Sydney Trains v Batshon [2021] NSWCA 143 Wang v State of New South Wales [2019] NSWCA 263 Category: Principal judgment Parties: Nicholas Mandoukos (plaintiff) Allianz Australia Insurance Limited (first defendant) President of the Personal Injury Commission of New South Wales (second defendant) Assem Mohammed in his capacity as a Medical Assessor of the Personal Injury Commission of NSW (third defendant) Representation: Counsel: J Gumbert with J Isackson (plaintiff) C Allan (first defendant)